A single judge of the Bombay High Court allowed an application to restore a criminal leave-to-appeal application dismissed for want of prosecution, finding the applicant had sufficient cause for absence.
Order dated 14th March 2018 rejecting Criminal Application No.158 of 2014 is recalled and the application is restored to the file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(12)APPPNo.3832018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.383 OF 2018 IN CRIMINAL APPLICATION NO.158 OF 2014 (For leave to Appeal - Private)
Smt.Jaya Bhalchandra Hanji ... Applicant V/s.
Shri.Vivek Bansi Gajhans & Anr. ... Respondents
Mr.Naval Sharma, Advocate for the Applicant.
Mr.Pawan Mali, Appointed Advocate for the Respondent No.1.
Mrs.M.R.Tidke, APP for the Respondent No.2/State.
CORAM : A.M.BADAR J.
DATED : 11th OCTOBER 2018.
P.C. :
1 This is an application for restoration of Criminal Application for leave to appeal bearing No.158 of 2014, which was dismissed for want of prosecution on 14th March 2018 by the coordinate Bench of this Court.
2 Heard the learned Counsel appearing for the
Gaikwad RD
(12)APPPNo.3832018
applicant/original complainant as well as the learned Counsel appearing for the respondent No.1/original accused.
3 The learned Additional Public Prosecutor appears for the respondent/State.
4 For the reasons stated in the instant application, I am of the opinion that the applicant was prevented by sufficient cause for not appearing before the Court on 14th March 2018. Therefore, the Order :
ORDER
(iii) The instant application is accordingly disposed of.
(A.M.BADAR J.)
Raju Dattatraya Gaikwad
Digitally signed by Raju Dattatraya Gaikwad Date: 2018.10.12 12:10:32 +0530
2/2
Gaikwad RD
Smt. Jaya Bhalchandra Hanji
Shri. Vivek Bansi Gajhans
Anr.
A M Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
